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LAWS408 Family Law

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Questions:

1.Robert comes to see you for advice.  Advise him on the following issues, supporting your advice with relevant statutory provisions and any applicable case law.

a.Assuming it was a contracting out agreement that Robert had Maree sign, under the circumstances can it be set aside? Does the farm belong solely to Robert or does it form part of their relationship property?
 
b.Explain to Robert whether or not he is a guardian of the children and what guardianship means.
 
c.Robert does not want Lisa to be part of a test group for epidiolex and opposes any blood transfusions.  What can he legally do to try and prevent this medical treatment and procedure?
 
d.Robert wants the children returned to New Zealand immediately, he says that Maree has kidnapped them.  Advise Robert whether he meets the criteria to apply to have the children returned to New Zealand under the Hague Convention on Aspects of Child Abduction.
 
e.Robert wants a parenting order for day-to-day care of the children.  Advise Robert as to what matters the court would consider in determining whether or not the children should be in his day-to-day care or Maree’s day-to-day care and apply this to Robert and Maree’s situation.  

Include whether or not in your opinion Robert would be successful in an application for a parenting order granting him day-to-day care of the children?

2.Eddie seeks your legal advice. Support your advice with relevant statutory provisions and any applicable case law.

a.Eddie wants to have access with Saffy.  Who gets to make the decisions about Eddie’s access with Saffy?  Is there an order that Eddie can apply for so she can have access with Saffy?
 
b.Eddie admits to you that she has just found out she is three months pregnant.  The social worker does not know this yet.  Eddie is worried about CYFS trying to take her baby off her at birth.  Advise Eddie about what law would apply to her baby under the Children Young Persons and their Families Act 1989, and whether or not in your opinion the child will remain in her care?
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My Assignment Help. Family Law [Internet]. My Assignment Help. 2021 [cited 24 September 2021]. Available from: https://myassignmenthelp.com/free-samples/laws408-family-law/basis-of-contributions-to-property.html.


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